사기
A defendant shall be punished by imprisonment for a term of one year and four months.
The defendant will pay B the amount of KRW 110,000,000 to the applicant for compensation.
Punishment of the crime
1. Fraud against the victim B- On November 2018, 2018, the Defendant called the victim B by phone from the first place of police station in Seocho-gu, Seoul Special Metropolitan City, to the effect that “Once investing money, there is a profit of KRW 15,000 per unit when investing in the money. When investing money in the contract for 3,000 supply of remains, profit will be paid on or around March 2019,” and around that time, the Defendant displayed a supply service contract document prepared falsely at the high-tech park parking lot in Gwangju Special Metropolitan City.
However, the defendant did not have any intention or ability to pay the agreed profit to the victim even if he received money from the victim for the purpose of investment in the supply of remains as a result of the lack of a contract for the supply of remains.
On November 13, 2018, the Defendant received 10,000,000 won in total from the victim under the same name six times until March 2, 2019, as indicated in the list of crimes, under the name of the Defendant’s D account (E) as an investment in the supply of remains.
2. On June 16, 2016, the Defendant was sentenced to imprisonment with prison labor for six months at the Gwangju District Court for fraud, and the judgment became final and conclusive on June 24, 2016.
(2) In the event that a person commits a crime of fraud by deception against the same victim several times in fraud, only a single crime of fraud is established if the criminal intent is the same and the method of such deception is the same (see, e.g., Supreme Court Decision 2002Do2029, Jul. 12, 2002). In a case where individual criminal acts constituting a single crime have been committed across the period before and after the final judgment of another crime, the crime is not divided into two crimes, but is completed at the time of the final criminal act of the person after the final judgment (see, e.g., Supreme Court Decision 2002Do5341, Aug. 22, 2003). < Amended by Act No. 14178, May 25, 2016>